A legitimate military target is an object, structure, individual, or entity that is considered to be a valid target for attack by belligerent forces according to the law of war during an armed conflict.
Overview
Protocol I to the Geneva Conventions, Article 52, provides for the general protection to protected persons, hindering attacks to military objectives in a war between two or more belligerents. Article 52 states,
In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
Any attack must be justified by military necessity: an attack or action must be intended to help in the military defeat of the enemy, it must be an attack on a military objective, and the harm caused to protected civilians or civilian property must be proportional and not "excessive in relation to the concrete and direct military advantage anticipated".
Some targets are clearly legitimate, including all military personnel directly engaging in hostilities on behalf of a belligerent party who are not hors de combat or are not members of a neutral country. Some civilian infrastructure, such as rail tracks, roads, ports, airports, and telecommunications used by the military for communications or transporting assets, are all considered to be legitimate military targets.
The legal situation becomes more nuanced and ambiguous if the harm to civilians or civilian property is "excessive in relation to the concrete and direct military advantage anticipated". During World War II, there was a song called a thing-ummy-bob, which contains the lines "And it's the girl that makes the thing that holds the oil, that oils the ring that works the thing-ummy-bob, that's going to win the war". Whether such a girl is a legitimate target is an area that probably has to be decided on a case-by-case basis. However, Protocol I suggests that if it is not clear, then the parties to the conflict should err on the side of caution, as Article 52 states: "In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house, or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used".
See also
- Non-combatant Casualty Value
Notes
- Article 52 of Additional Protocol I to the Geneva Conventions provides a widely accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage" (Moreno-Ocampo 2006, page 5, footnote 11).
- Rado 2001.
- Jones 2006, p. 196.
References
- Moreno-Ocampo, Luis (9 February 2006), "Allegations concerning War Crimes" (PDF), OTP letter to senders re Iraq, pp. 4, 5, archived from the original (PDF) on 27 March 2009
- Jones, John Bush (2006), The songs that fought the war: popular music and the home front, 1939-1945, UPNE, p. 196, ISBN 978-1-58465-443-8
- Rado, Gaby (2001), Legitimate Military Targets, archived from the original on 25 September 2009
A legitimate military target is an object structure individual or entity that is considered to be a valid target for attack by belligerent forces according to the law of war during an armed conflict Post strike bomb damage assessment photograph of Obrva Airfield Serbia used in a Pentagon press briefing May 5 1999OverviewProtocol I to the Geneva Conventions Article 52 provides for the general protection to protected persons hindering attacks to military objectives in a war between two or more belligerents Article 52 states In so far as objects are concerned military objectives are limited to those objects which by their nature location purpose or use make an effective contribution to military action and whose total or partial destruction capture or neutralization in the circumstances ruling at the time offers a definite military advantage Any attack must be justified by military necessity an attack or action must be intended to help in the military defeat of the enemy it must be an attack on a military objective and the harm caused to protected civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated Some targets are clearly legitimate including all military personnel directly engaging in hostilities on behalf of a belligerent party who are not hors de combat or are not members of a neutral country Some civilian infrastructure such as rail tracks roads ports airports and telecommunications used by the military for communications or transporting assets are all considered to be legitimate military targets The legal situation becomes more nuanced and ambiguous if the harm to civilians or civilian property is excessive in relation to the concrete and direct military advantage anticipated During World War II there was a song called a thing ummy bob which contains the lines And it s the girl that makes the thing that holds the oil that oils the ring that works the thing ummy bob that s going to win the war Whether such a girl is a legitimate target is an area that probably has to be decided on a case by case basis However Protocol I suggests that if it is not clear then the parties to the conflict should err on the side of caution as Article 52 states In case of doubt whether an object which is normally dedicated to civilian purposes such as a place of worship a house or other dwelling or a school is being used to make an effective contribution to military action it shall be presumed not to be so used See alsoNon combatant Casualty ValueNotesArticle 52 of Additional Protocol I to the Geneva Conventions provides a widely accepted definition of military objective In so far as objects are concerned military objectives are limited to those objects which by their nature location purpose or use make an effective contribution to military action and whose total or partial destruction capture or neutralization in the circumstances ruling at the time offers a definite military advantage Moreno Ocampo 2006 page 5 footnote 11 Rado 2001 Jones 2006 p 196 ReferencesMoreno Ocampo Luis 9 February 2006 Allegations concerning War Crimes PDF OTP letter to senders re Iraq pp 4 5 archived from the original PDF on 27 March 2009 Jones John Bush 2006 The songs that fought the war popular music and the home front 1939 1945 UPNE p 196 ISBN 978 1 58465 443 8 Rado Gaby 2001 Legitimate Military Targets archived from the original on 25 September 2009
